United States District Court, E.D. Arkansas, Batesville Division
Lisa Murphy, ADC #760343, Plaintiff, Pro se, Newport, AR.
For Kramer Jones, Nurzuhal Faust, Warden, McPherson Unit, originally identified as Faust, Amanda Canter, Correctional Officer, McPherson Unit, originally identified as Canter, Linda Dykes, Captain, McPherson Unit, originally identified as Dykes, Phillip Allen, Sergeant, McPherson Unit, originally identified as Alen, Dylan Tribble, Correctional Officer, McPherson Unit, Dylan Tribble, Correctional Officer, McPherson Unit, Linda Dixon, Major, McPherson Unit, originally identified as Dixon, Christopher Budnick, Warden, McPherson Unit, originally identified as Budnick, Defendants: Christine A. Cryer, LEAD ATTORNEY, Arkansas Attorney General's Office, Catlett-Prien Tower Building, Little Rock, AR.
PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS
H. DAVID YOUNG, UNITED STATES MAGISTRATE JUDGE.
The following partial recommended disposition has been sent to Chief United States District Judge Brian S. Miller. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.
If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:
1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The detail of any testimony desired to be introduced at the hearing before the District Judge in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the hearing before the District Judge.
From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.
Mail your objections and " Statement of Necessity" to:
Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR 72201-3325
Plaintiff Lisa Murphy filed this pro se complaint on October 9, 2014, alleging that Defendants failed to protect her from an assault by another inmate. On November 5, 2014, Defendants filed a motion to dismiss, along with a brief in support (docket entries #14 & ...